Tennessee Deserves The Right To Vote - Annexation Is No Exception - And Response

Monday, January 6, 2014
- by Rep. Mike Carter

Tennessee is currently one of only three states in America that allows cities to unilaterally annex property by ordinance, without a vote or other statutory protection. When the Speakers of the House and Senate created an ad hoc committee to examine this issue in 1996, it determined the right to vote on annexation wasn’t necessary. I respectfully disagree.

Last year I introduced a bill in the House that would end this practice, commonly known as forced annexation, by requiring a vote before the annexation of residential and farm property can take place. If there is a good argument for why Tennesseans should not have at least the same private property rights and protections as Californians and New Yorkers, I have yet to hear it.

In 2012, North Carolina became the most recent state to end forced annexation, and it did so with a strong bi-partisan vote in the legislature. The right to vote is not a Republican or a Democratic issue. It is a right cherished by all Americans that should not be disregarded.

Opponents of the right to vote on annexation argue cities must be able to annex in order to ensure that they and the surrounding area remain fiscally viable and economically competitive. There are three problems with this argument as it pertains to my bill: First, my bill doesn't effect annexations of commercial or industrial property, nor does it apply to cases where property owners seek to come into a town or city. Second, allowing Tennesseans a vote on annexation does not mean cities can’t annex. It simply means that they can’t annex without the consent of the governed. Third, the claim that annexation is necessary for economic growth and competitiveness is simply not supported by the data.

A recent study conducted by TACIR (The Tennessee Advisory Commission on Intergovernmental Relations) found ‘the claim that expanding cities’ boundaries is essential to economic growth cannot be fully demonstrated,’ and that ‘analyses of multiple cities have mixed results, with no conclusive evidence that annexation results in increased efficiency, revenue, wealth or equity.’

The TACIR study looked at all 50 states and grouped them according to annexation method – consent only, unilateral, hybrid, none, and third party approval – and compared the states’ growth per capita since 2000 in four measures: population, gross domestic product, personal income, and employment.

States that require a vote, also known as consent states, led in all categories. Nevada led the nation in population growth. North Dakota had the largest growth in both real GDP per capita and real personal income per capita. Utah, also a consent state, led the nation in job growth per capita, with 20 percent growth in full and part-time employment from 2000 to 2011.

Honest people can disagree on the details of annexation. Issues like de-annexation and how tax revenue is shared with counties are complex and deserve study, but the right to vote is fundamental and should not be denied Tennesseans any longer.

States must cut budgets or raise taxes. Counties must cut budgets or raise taxes. Why should cities have powers adverse to voters and superior to all other forms of government?

Let us vote.

Rep. Mike Carter

* * *

Mike Carter makes a lot of sense. One of the premises of annexation is the guarantee by the city to bring city services to the annexed area. Fire and police services, garbage collection, sewer construction, etc. In the past few years, these have been guaranteed by the city of Chattanooga, but only a fraction of the promises have come to fruition. Instead of increasing the size of the police force, they were just spread thinner. Sewer construction…have you seen any?

De-annexation should go part and parcel with Rep. Carter’s proposed bill. Annexation where promises are not kept in a timely fashion should be over-turned, either by regulation or popular vote. And not just by vote of the entire city, but solely by those in the affected areas. Taxes from outlying areas should not be used to bolster police protection in Brainerd or North Chattanooga.

Putting annexation to a vote is the ethical and correct procedure. If the myopic City Council can dictate to allow unmarried partners, family and dependents to share taxpayer-paid insurance because a single individual is employed by the city, annexation should be able to be brought to a vote as well. The Tennessee Legislature is frightened that without a state income tax annexation is a viable option. The facts simply do not bear this out. Get with it Tennessee Legislature. You’re behind the times and this will be an election issue.

When I first became active as a Right-to-Life leader in 1975, Dr. Jack Willke (and his wife, Barbara) were the preeminent leaders at the National level. Rarely did you see one without the other. They literally wrote the book used by Pro-Life activists everywhere, The Handbook on Abortion . I carried it everywhere and studied it over and over. Their books sold ... (click for more)

State Rep. Andy Holt (R-Dresden) is an easy-to-like member of the Tennessee Legislature and the fact he is teaming with state senator Todd Gardenhire (R-Chattanooga) to rid the state of its loathsome traffic cameras is indeed a wonderful thing. The legislative action is long overdue, with the biggest winners being the out-of-state camera companies. That alone is just about all you ... (click for more)

An Ooltewah woman testified Tuesday that her son's girlfriend told her they had no regrets for trying to kill her by setting her house on fire. Paula K. Shouse said she asked Gladys George, "You tried to kill me" and she replied, "Yes, we did." She said she asked Ms. George, "Do you regret what you did" and she answered, "No, not at all." Ms. Shouse also said the only reason ... (click for more)

Charles Holsey, 19, was shot and killed Monday night. The preliminary police investigation indicates that during a drug transaction at 310 Sylvan St., a fight broke out and Holsey was shot once. Holsey then left in his vehicle later wrecking in the 700 block of North Market Street. One other person involved in the crash was taken by ambulance to a local hospital. ... (click for more)

There just must be something about playing basketball at Chattanooga State that makes the Central Purple Pounders click. Especially when the opponent is the Brainerd Panthers. Facing Brainerd for the fifth time this season and second at Chattanooga State on Monday night, the Purple Pounders defeated the Panthers for the third time. The latest conquest may have ... (click for more)

LAS VEGAS – The Lee University men’s golf team placed seventh in a field of 16 teams at the Las Vegas Desert Classic. After posting a round of 302 on Sunday the Flames finished with a 301 on Monday and will return to Cleveland with a 603 total in the 36-hole event staged at the Palute Golf Club-Snow Mountain. The University of the Redlands (Calif.), placed by ... (click for more)